Cape Town – The lawyer representing one of four men, earlier found guilty of murdering a Khayelitsha teenager in 2015, missed sentencing proceedings at the Western Cape High Court because he had been hijacked, assaulted and was prescribed medication.
These events resulted in Masimthembe Solontsi having to defend himself in court.
Earlier State prosecutor Thabo Ntela tried to reach Solontsi’s lawyer, Eric Nogilana, on his cellphone.
Addressing the court, acting judge Mushtak Parker said: “We would not be able to sit. Embarrassingly accused 2’s attorney did not arrive. He has not contacted anyone (as to) why he is not here. He is not answering his phone.”
Solontsi decided to represent himself. Parker told him he could appoint another private lawyer or choose a lawyer from the Legal Aid Board at no cost.
Solontsi said: “I will speak for myself.”Parker asked him, “Have you considered the decision carefully?” Solontsi replied with a yes. “If you considered, I can’t stop you,” said Parker.
Solontsi said because judgment had already been delivered he did not see the need to be represented by a lawyer.
Solontsi, Phumlani Nyewu, Melikhaya Mgushelo and Thabiso Balithoba were found guilty in December of kidnapping and murdering Bongiwe Ninini in July 2015.
Lawyers representing the four men argued on Monday that Parker should deviate from the prescribed life imprisonment for the crime and hand down a lenient sentence because they were first-time offenders, were young at the time of the incident and they had a fair chance of rehabilitation.
But Ntela told Parker that life imprisonment was the only option. “The accused had not shown any remorse for their actions and maintained their version, which the court found not to be true. They need to be removed from the community."
At 14:45 Nogilana arrived in court and Parker questioned his whereabouts. “What are you doing here at 14:45? You were supposed to be here at 10.”
Nogilana replied: “I've been hijacked, assaulted and robbed. I am not well, I had just been hijacked. I would not just disappear.”
Parker told Nogilana his client opted to represent himself. “He’s been conducting his own defence. Why did you not phone? You are very casually dressed. I am sorry to hear that you were hijacked.”
Outside court Nogilana told the Cape Times he was hijacked last week and had been robbed of his personal belongings. Parker postponed the case until Monday to carefully consider sentencing.